This agreement governs and set forth the terms for each transaction between a Model and a Buyer. For purposes of this agreement, a “Buyer” shall be defined as a “Member” who purchases Model Content. Neither CheekedUp LLC nor any of its parents, affiliates or subsidiary companies are a party to this agreement except that CheekedUp and its Payment Processor may act as a payment intermediary in accordance with the Model’s and Buyer’s instructions set forth on the Site.
When a Buyer enters into a transaction with a Model, Buyer agrees to to pay in accordance with the pricing that is listed or published at the time of purchase. The Buyer and Model participating in a transaction with one another do both hereby express authorize CheekedUp, its Payment Processor or any of its subsidiaries to act as a payment intermediary and to collect, hold, and process the Buyer’s payment and any applicable taxes, and to pay out the sums due to Models.
Grant of Rights
Upon Buyer’s successful payment for access to Model Content; Model does thereby grants to the Buyer a limited, non-exclusive, non-transferable, non-commercial, non-licensable license to access the purchased Model Content on Buyer’s personal devices for Buyer’s personal entertainment. The Buyer participating in any such transaction expressly acknowledges and agrees that the license granted herein does not result in the Buyer acquiring any rights in or to the Model Content, which rights shall be retained by the Model of the Model Content.
Termination of Rights
The license granted to the Model Content is granted to Buyer shall terminate immediately in the event that:
- The Buyer’s payment was unsuccessful, or is charged back or reversed for any reason
- The duration of the license has expired
- The Buyer's Membership account is suspended or terminated for any reason
- The Buyer breaches any of the Terms and Conditions
- If the Model Content is removed from the Model's account or the Site
- If the Buyer terminates their Membership account.
Representations & Warranties
The Buyer and the Model each agree to at all times adhere to the Terms and Conditions including as such terms related to the Model Content. The Buyer agrees to make full and complete payment for the Model Content being purchased and Model agrees to make the purchased Model Content available to Buyer upon purchase. The Buyer and Model each agree to act in good faith with regards to any such transaction and shall first attempt to resolve any issues related thereto first amongst themselves.
The Model represents and warrants that it possesses all necessary rights in and to the Model Content sufficient to license it to the Buyer and has obtained any and all permissions and consents needed to grant the rights set forth herein. The Buyer of Model Content is entirely at the Buyer's own risk.
The Buyer acknowledges and agrees that Models may add and remove Model Content at any time without prior warning, and that Models have the discretion to elect what Model Content is made available on their account. Buyer acknowledges that there may be circumstances where it is not possible for the Buyer to access to Model Content in the event:
- The Model's account is suspended or deleted
- The Buyer's account is suspended or deleted
- The Site is inaccessible.